论刑事责任年龄的最低限度

The Minimum Age of Criminal Responsibility

我国刑法规定刑事责任年龄最低限度为14周岁。近年来未成年犯罪低龄化、犯罪手段成人化、犯罪后果严重化的趋势说明未成年人具备辨认和控制自己行为能力的年龄已提前,将最低刑事责任年龄规定为14周岁已不能达到预防未成年人犯罪的目的。本文试图从法律规定的历史沿革、立法价值、社会现实等角度来考察我国刑事责任年龄最低限度存在的问题,希望藉此能对我国刑事责任年龄最低限度规定的缺陷与不足进行一定程度的检讨,为完善这一规定尽一份微薄之力。

The minimum age of criminal responsibility which provided in criminal law of our country is 14 years old. In recent years, the age of minors crimes are younger, the means of minors rimes are close to adult, the consequence of minors crimes is more and more serious. These trends illustrate that age which minors have the capacity to identify and control their actions has been advanced. The provision of the minimum age of criminal responsibility is 14 years of age has not reached the goal of preventing juvenile delinquency. This article attempts to observe and study the minimum limit problems that exist in the age of criminal responsibility from the history, legislative value and the social reality of law, hoping to review defects and shortcomings about the minimum age of criminal responsibility which provided in criminal law of our country, thus contribute a modest power to improving the provision.